HomeMy WebLinkAboutORD 2009-51 - Peddlers & Solicitor'suttDINANCENO, 0010SI
AN ORDINANCE Of THE CITY COUNCIL OF THE CITY OF
GEORGETRN, TEXAS AMENDING SECTION 6.16.010 OF THE CITY OF
GEORGETOWN CODE OF ORDINANCES RELATING TO "DEFINITIONS"
FOR THE TERMS PEDDLER AND SOLICITOR; AMENDLNG SECTION
6.16,060 OF THE CITY OF GEORGETOWN CODE OF ORDINANCES
RELATING TO "PERMIT — ISSUANCE, DURATION" FOR PEDDLER .AND
SOLICITOR PERMITS; AND AMENDING SECTION 6.50.020 OF THE CITY'
OF GEORGETOWN CODE OF ORDINANCES REll TO PERMITS
AND FEES FOR ITINERANT MERCHANTS; REPEALING CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE,
WHEREAS, the Ch of Georgetown has identified an overlap and conflict hr its do6nidon5 of
Peddler, Solirci and Itinerant Merchant which causes confusion as to how those definitions
rind ordinances relate to merchants who sell products such as ice cream and snow cones from
vehicle on Cifv streets; and
WHEREAS, to resolve fire conflict, the City has determined that such merchants are more
appropriately classified as Itinerant Merchants and notPeddlers or Solicitors; and
WHEREAS, fire Cily has also determined that the duration and fee schedule for Itinerant
Mead ants needs to be revised accordingly;
WHEREAS, the Ciry has also determinedthat the duration ofthePeddlersand Solicitors permit
needs to be lengthened.
NOW THEREFORE, BE IT ORD1AINID BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
SECTION 1 The facts and recitations contained in the preamble of this ordinance are herebv
found anc declined to be true and tinea, and are incorporated by reference herein and
oyo,sly made a par[ thereof, as if copied verbatim. The City Council herebv finds that Phis
ordinance is notinronsistent with the City's 2030 Comprehensive Plan,
SEC] ION Sesdon 6,16010 of the City of Gesorgetom Code of Ordinances relating to
Definitions" for the terms Peddler and Solicitor ishereby amended to provide as follows:
Sec. 6.16.010. Definitions.
A, "Prldhr' means any person who engages in commercial activities witein Ohs
limits by ca rve g goods or merchandise and selling or offering for sale for
immediate delivery such goods or merchandise from house -to house, or
businesa�to-business
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RaJdlcia indSohitziOrdinance- amendtment
RiiytWitp1¢rhnni amendmem
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Si bolor" macs any person who solicits or aftempts to solicit, from house-to-
house, or business -to -business, funds or orders for services, commercial
goods, wares, merchandise, subscriptions or publications to be delivered at a
fumre date orbe.
SECTION B: Section 6.16.X(A) of the City of Georgetown Codeof Ordinances relating to
" Pmnrit—Issuance, duration" is hereby amended to provide as follows:
Sec 6.16.080, Perm t—Issuance, duration.
A. If the Georgetown Police Services Records Section Ends that the application
is completed in conformance with Section 6,16.094 through 6.16070, a permit
shall be issued Mthin five working days. The permit shall be the original
application under Section 6.16.040, with an official stamp indicating approval
by the Georgetown police Services Records Section. Each permit will be valid
for ninety (90) days from date of issue
B, The permittee isrequred to notify the Georgetown Police Services Records
Section before any peddling or soliciting under tine issued permit is
conducted in any new calendar month after the issuance of the permit AI
this time, the perrnttese will update anv information required under Section
6.16.040 that has changed.
C The Georgetown Police Services Records Section will retain one Copy of the
approved permit for official regards, The permit may not be represented as
m endorsement or approval by the City of the purposes of a solicitation or a
productoffered by the perm ttee.
D. Only those peddlers or solicitors whose names are listed on the apprmed
application may conduct business under the issued permit. If am new
peddlers or solicitors join the campaign after the original permit is Issued,
thev must supply the Georgetown Police Services Records Section with fire
nformahon requited in Section 6,16.040,
02 14: Section 6 i 020(B) of the City of Georgetown Code of Ordinances relating to
PermiO and Fees for ItinermrtMerchams is hereby amended to provide ab follows;
Sec 650.020. Permit; fee.
A. (nocltmige)
B. (noc?tsnge)
C. PermitApplicaton Fee The permit applicationshall beacmmpanedbyfees
for each vehicle or Stand used in vending in accordance with the following
fee schedule:
Sevon-day permit S20 00 fee
30-day
permit $25.00 fee
44daypermit $30,00fee
1S4 -day permit: 55000fee
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Vrwlers^,md soLc:iors Ordinance—amendment
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No fee shall ue charged to any bona fide certified charitable, religious,
edueadonal, or philanthropic organization, or persons engaged in interstate
commerce.
D !FOiuntm)
SECITON >. This ordinance shall be and is hereby declared to be cumuladve of all other
ordmarncs of the Cifv of Georgetown, and Iles ordinance shall notoperate to repeal or affect any
of such other ordinances, incept insofar as the provisions [hereof might be inconsistent or in
c0rFlhcl e ih theprovisions of dus ordinance, in which event such conflicting provisions, if anv in
such Other ordinance or ordinances are hereby superseded,
SECTION 6. h any provsion of this ordinance or application thereof to any person or
eireumahnre shall be held invalid, such invalidity shall not affect the other provisions, or
opplicinon thereat; of this ordinance which can be given effect miliout the imaid provision ar
appllcahon, and to this end [he provisons ofthis ordinance are hereby declared to be severable
SEC710N 7 The Mayor is herebv authorized to sign this ordinance and the City Secretary to
aoesl. Ths oedinan e shall become effective and be in full force and effect in accordance evA
the mwpion of the Charter of the City of Georgetown
PASSEDand APPROMonfirst Reading on the 25 day of August, 2009,
_t!29. ('l
PASSED and ADOPTED on Second Reading on the 0 day of m
CITY OF GEORGETOWN, TEXAS
n
George C. Garver Mayor
(TEST,
a I
icaTi mil u, ' Secretary
4PP 'F.DASTOFORi\i
Polrieia E.Csrls
Cilv Attomey
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